A notarial office in Nîmes, the SCP GHD (Gerbet Huguet Le Hoye), had displayed real estate in the window, in 2018, contravening the regulations in force. Fnaim Gard-Lozère won its case before the Nîmes Court of Appeal.
This is a legal victory for the profession of real estate agent. The Fnaim Gard-Lozère won its case, before the Nîmes Court of Appeal, in a case opposing it to a notarial office in Nîmes, the SCP GHD (Gerbet Huguet Le Hoye). In 2018, it had displayed real estate in the window, contravening the regulations in force.
The Court of Appeal decided that the study should remove all billboards placed in the windows on the ground floor of the Arche Botti building, pay 500 euros in damages and 2,000 euros on the basis of article 700 of the code of civil procedure to Fnaim and Fnaim Gard-Lozère.
“There is no question of waging war on notaries, specifies Sarah Galibert, president of the Fnaim Gard-Lozère. We work together, and this synergy is essential. On the other hand, when there is unfair competition, we defend the interests of our profession”.
No display of real estate ads in the window
To enforce the regulations in force, the Fnaim Gard-Lozère had to be patient. “The procedure was very long. The bailiff’s report dates back to the end of 2018, and the summons before the Nîmes court in April 2019″. Stuck in the Covid period, the case is finally judged in May 2021.
Surprise for Fnaim: “We lost in the first instance, on a misinterpretation of what could be considered a showcase. Interior panels obstructed the view of the premises, but the posters were clearly visible from the road,” says Sarah Galibert. More than four years after the facts, the decision of the Nîmes Court of Appeal closes the file, the office not appealing in cassation.
2023-04-27 10:30:58
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